Where the transfer of property in the goods is to take place at a FUTURE time or subject to a CONDITION to be fulfilled, the contract under Section 4 of the Sale of Goods Act, 1930 is called:

Section 4 of the Sale of Goods Act distinguishes a SALE (where property passes at the time of contracting) from an AGREEMENT TO SELL (where the transfer is to take place at a future time or subject to a condition to be fulfilled). In an agreement to sell, property has not yet passed, the risk generally remains with the seller, and breach gives rise to a claim for damages rather than for the price (subject to appropriation). Once the time elapses or the condition is fulfilled, an agreement to sell becomes a sale. The distinction governs risk and remedy.